Department of Justice

Contents

The U.S. Department of Justice (often referred to as the Justice Department or DOJ), is the federal executive department of the United States that is responsible for the enforcement of the law and administration of justice — equivalent to the justice or interior ministries of other countries.

The Department of Justice (DOJ) prosecutes IP cases referred from ICE, FBI, and FDA, as well as from private sector representatives and other sources. IP enforcement is one of the department’s highest priorities. The Department investigates and prosecutes a wide range of IP crimes, including those involving copyrighted works, trademarks, and trade secrets.

DOJ’s IP enforcement is carried out primarily by the 94 U.S. Attorney’s Offices located throughout the country as well as its Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS). Under DOJ’s Computer Hacking and Intellectual Property (CHIP) program, each U.S. Attorney’s Office has one CHIP coordinator who is trained in prosecuting IP enforcement cases.[1] In addition, 25 U.S Attorney’s Offices have CHIP units, usually comprised of 2 or more attorneys (a few units have as many as 8 attorneys), who focus solely on prosecuting computerhacking or IP crimes. IP crimes prosecuted by the U.S. Attorney’s Office are not limited to CHIP units, but may be prosecuted as part of a larger case, such as one involving organized crime. CCIPS, located in DOJ headquarters, is responsible for supporting IP prosecutions by U.S. Attorney’s Offices, as well as prosecuting their own cases. CCIPS is also responsible for developing DOJ’s overall IP enforcement strategy and coordinating among U.S. and foreign law enforcement officials on domestic and international cases of IP theft.

In March 2004, the Attorney General announced the creation of a DOJ Task Force on Intellectual Property, with a mission of identifying ways to strengthen the department's IP enforcement efforts. The Task Force's work culminated in a 2004 report,[2] which identified 31 recommendations to improve the Department's overall IP enforcement efforts. In 2006, the Department issued a comprehensive progress report that indicated it had implemented or was in the process of implementing all 31 of the Task Force's original recommendations.[3]

As established by the Task Force, the Department's IP enforcement goals can be summarized as follows:

The federal government should punish those who misuse innovative technologies rather than innovation itself.

IP enforcement must include the coordinated and cooperative efforts of foreign governments. The global nature of IP crime requires the informal assistance of foreign governments and their law enforcement agencies, active enforcement of their own IP laws, and formal international cooperation through treaties and international agreements.

To carry out those principles, in its 2004 report, the Task Force identified a set of 12 policy and practice recommendations to increase criminal enforcement of IP laws. In the five years preceding enactment of the PRO IP Act, the Department implemented, or continued to implement, each of those 12 recommendations:

(1) The creation of additional CHIP Units in regions of the country where IP producers significantly contribute to the national economy;

(2) The reinforcement and expansion of existing CHIP Units located in key regions where IP offenses have increased, and where the CHIP Units have effectively developed programs to prosecute CHIP-related cases, coordinate law enforcement activity, and promote public awareness programs;

(3) The designation of CHIP Coordinators in every federal prosecutor's office, who will be responsible for IP enforcement in that region;

(4) Examination of the need to increase resources for the CCIPS to address additional IP concerns;

(5) Recommending that the FBI increase the number of Special Agents assigned to IP investigations, as the Justice Department itself increases the number of prosecutors assigned to IP enforcement concerns;

(6) Recommending that the FBI increase the number of personnel assigned to search for digital evidence in IP cases;

(7) Prosecuting more nationwide and international criminal organizations that commit IP crimes;

↑Under the CHIP program, prosecutors are assigned four areas of responsibility: prosecuting computer crime and IP offenses; serving as a technical advisor for other prosecutors and law enforcement agents; assisting other CHIP coordinators in multi-district investigations; and providing training and community outreach regarding computer-related issues.